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Terms of Use

General Terms and Conditions

Listing Policy & Guidelines

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the OwnerCarryIt web site (located at http://www.OwnerCarryIt.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and OwnerCarryIt, Inc. ("OwnerCarryIt" or the "Company"). You also agree to the OwnerCarryIt Listing Policy & Guidelines (the "Listing Policies") available by hyperlink at the top of this page.

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: tanda@ownercarryit.com. OwnerCarryIt may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the OwnerCarryIt website.

GENERAL PROVISIONS

Membership Privileges

OwnerCarryIt requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the OwnerCarryIt system. OwnerCarryIt has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the OwnerCarryIt website, or abuses their rights related to the OwnerCarryIt service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the OwnerCarryIt property listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. A Basic Member may also list properties on the Service, but such Customer's listings will only be available for the monthly service fee.

OwnerCarryIt utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant OwnerCarryIt the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes OwnerCarryIt determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. OwnerCarryIt will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will OwnerCarryIt have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings

Listings are viewable on OwnerCarryIt.com until Customer stops paying for the placement. Payments are on the first of each month and run for the remainder of the month, regardless of how many days are in the month. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to OwnerCarryIt unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on OwnerCarryIt's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the OwnerCarryIt website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the OwnerCarryIt website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the OwnerCarryIt website and other OwnerCarryIt partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the OwnerCarryIt website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the OwnerCarryIt system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the OwnerCarryIt website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to OwnerCarryIt. OwnerCarry.It may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information

Any and all Content offered by OwnerCarryIt to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY OWNERCARRYIT, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Payment Terms

Payment of fees shall not be on charged via Customer credit card or paypal account on the first of each month, unless the Customer cancels prior to the date. There is no grace period. If payment can not be charged by OwnerCarryIt, OwnerCarryIt may immediately cease to provide any and all Deliverables to the customer. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.

Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the OwnerCarryIt Web site at http://www.OwnerCarryIt.com/Cancellations three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with OwnerCarryIt. If Customer has a question about a cancellation, Customer should contact OwnerCarryIt Client Services at Help@OwnerCarryIt.. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the "My OwnerCarryIt" section, once Customer has logged into www.OwnerCarryIt.com. OwnerCarryIt does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify OwnerCarryIt about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to OwnerCarryIt's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Ownership and License Grant

OwnerCarryIt retains all rights (including Intellectual Property Rights as defined below), title and interest in the OwnerCarryIt Web site, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of OwnerCarryIt's technology or delete or alter author attributes or copyright notices. Customer shall use the OwnerCarryIt system solely for their own use and shall not allow others to use the OwnerCarryIt system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL OWNERCARRYIT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and OwnerCarryIt's entire liability under this Agreement shall be a refund to Customer of the fees paid to OwnerCarryIt hereunder, and in no event will OwnerCarryIt's liability for any reason exceed such fee. OwnerCarryIt (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify OwnerCarryIt (and OwnerCarryIt's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND OWNERCARRYIT MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OWNERCARRYIT MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR OWNERCARRYIT MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND OWNERCARRYIT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than OwnerCarryIt, Inc. and its subsidiaries which are beyond OwnerCarryIt's control. Parties other than OwnerCarryIt may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use OwnerCarryIt's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the OwnerCarryIt site. OwnerCarryIt does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. OwnerCarryIt does not assume any liability for the actions, product, and content of all of these and any other third parties. OwnerCarryIt makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the OwnerCarryIt site, the site you will land on is not controlled by OwnerCarryIt and different terms of use and privacy statements may apply. OwnerCarryIt also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of OwnerCarryIt, Inc.

Customer agrees that OwnerCarryIt shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by OwnerCarryIt customers and partners. OwnerCarryIt shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. OwnerCarryIt shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. OwnerCarryIt reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on OwnerCarryIt's corporate web site, located at http://www.OwnerCarryIt.com.

Copyright Complaints

If you believe that your work has been copied onto OwnerCarryIt in a way that constitutes copyright infringement, please provide OwnerCarryIt's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying OwnerCarryIt that your copyrighted material has been infringed.

Address for OwnerCarryIt's copyright agent: 21871 Ventura Blvd Suite 340 Woodland Hills, CA 91364 Attn: J Josell

Governing Law

This Agreement, and the Deliverables provided by OwnerCarryIt, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of OwnerCarryIt, which retains the right to withhold consent in its sole discretion.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at OwnerCarryIt.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

Security of personal information:

OwnerCarryIt's clients and their personal information are considered to be OwnerCarryIt's greatest asset and thus their privacy is treated with the utmost regard and respect. OwnerCarryIt takes every reasonable precaution to secure personal information within both its computers and its physical premises.

The security of your personal information is important to OwnerCarryIt. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). [To learn more about SSL, follow this link http://www.verisign.com].

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can email us at privacy@OwnerCarryIt.com.

Cookies:

Cookies are used on this site. A cookie is a small text file that is stored on a user's computer for record-keeping purposes.

We use both session cookies and persistent cookies. We use session cookies to make it easier for you to use our site and to enable certain specialized functionality that requires maintaining information about your session. A session cookie is not stored on your hard disk and expires when you close your browser. A persistent cookie remains on your hard disk for an extended period of time. You can remove persistent cookies by following the directions in your Internet browser's "help" files.

If you select the "Remember Me" function on the web site, we will store a persistent cookie on your hard drive which allows you to bypass the login requirement each time you access the site. Additionally, we use a persistent cookie to enable us to track and target the interests of our users to enhance the experience on our site.

We do not store in persistent cookies any personally identifiable information you submit while on our site.

Due to the functionality provided by our site, the use of cookies is required. If you reject cookies, our site will not perform properly.

Testimonials:

We post customer testimonials on our web site which may contain personally identifiable information such as the customer's name. We do obtain the customer's consent to post their name along with their testimonial prior to any posting of such testimonial.

Changes to this Privacy Statement:

If OwnerCarryIt decides to change its privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

OwnerCarryIt reserves the right to modify this privacy statement at any time, so please review it frequently. If OwnerCarryIt makes material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.